'Police Didn't Register FIR': Father Tells Gujarat High Court In Plea For Independent Probe Into Minor Daughter's Alleged Rape

The father of a minor girl from Rajasthan who claimed that his daughter was raped, told the Gujarat High Court on Wednesday (December 10) that the police failed to register the FIR even when a cognizable offence was made out which was in complete violation of mandate in Lalita Kumari judgment. 

He further said that the delay in the case was caused because police remained inactive. On Monday the court had issued notice on plea by the father, seeking an independent probe into the alleged rape and death of his 17-year-old daughter who had moved to Gujarat to work as a labourer.

Justice MR Mengdey after hearing the matter for some time in its order dictated, "Let SP Mehsana file affidavit to present petition. Stand Over to December 17. The investigation shall continue till then as per earlier order passed by the court". 

During the hearing the counsel appearing for the petitioner father referred to Lalita Kumari's judgment and said, "Here I have demonstrated the fact that cognizable offence was was disclosed. I have demonstrated. I pointed it our not just once but repeatedly. It is also established that Unjha police and Superintendent of Police failed in their duty to register the FIR thereby completely violating the mandate under paragraph no. 120.4 in Lalita Kumar's case". 

She urged the court to direct that investigation be carried adding that the investigation needs to be carried out not into just offence but also what happened from November 26 till Now. 

In the present case, a zero FIR was registered in Udaipur by the Rajasthan police, pursuant to which it was transferred to Unjha in Gujarat and the FIR was registered the next day. 

Meanwhile the counsel appearing for the State submitted that after the high court's order on Monday the investigation was handed over to the Deputy Superintendent of Police of the concerned area. He submitted that the viscera and all the collected samples shall be sent today for testing. 

"Normally minimum 1 month is required. But I will request supervising SP to write a letter to get FSL done as expeditiously as possible. And in interregnum period DySP will also carry further investigation," he said. 

With respect to investigation regarding the person that the petitioner has alleged is the accused the counsel said, "We will investigate the accused as well but we will not make a hurry to arrest them...We will not wait for submission of report. As and when we find something we will start taking action of arrest against accused person. But it may not be felt by other side that as we are not arresting so we are not investigating". 

Meanwhile the counsel for the petitioner submitted, "We have reached this state because of the delay".

She said that on November 27 body was taken to Unjha police station, the police station had guided the family to the concerned hospital which had requisitioned a vardi and that is how the Post Mortem was done. 

She said that father had filed a detailed complained before concerned SP on December 1 where he had specifically named the person.

"15 days have passed and statement made is that we are yet to go to accused. Main concern is that why was this delay...I do not need to say the first few days in any criminal case are crucial it was lost, because police remained inactive...Investigation is going on. I am still saying that this is a case where investigation needs to be transferred to independent agency which is the CID. It is not only about collecting evidence related to crime but also inquiring into lapses of the investigating agency. If accused person goes scot free or we are not even able to point finger to someone who committed this crime, then the agency on account on whose inaction this situation has arisen must be made answerable. I reiterated that the earlier the investigation is transferred to CID the better," the counsel said. 

She said that on November 27 the Unjha police was aware of the body. "The family was there saying that something has happened. They very clearly allege gang rape and murder. And Police still turned a blind eye and sent them to hospital," the counsel said. 

She submitted that the hospital in first Post Mortem had said that t-shirt was blood stained at upper part, blood stained at mid part, however even with this also FIR was not registered. 

She then argued, "Our case is that the group of workers with whom she (victim) was staying they said that she needs to be taken to the hospital. The contractor who is named as accused, he called father saying that I am arranging a car...15 days have passed I would apprehend that everything would have been scrubbed or cleaned. They (police) could have taken samples from place where she was staying. They could have immediately contacted the people who would have been in shock on the day. Now so many days have passed". 

She then referred to the representation made by the family to the concerned SP and said nothing happened and when the zero FIR was transferred from Udaipur to the Unjha, the police had no option but to register the FIR. 

Meanwhile the State's counsel said that police has "no interest" in saving the labour contractor and it was there to "find out the truth". 

The matter is now listed on December 17.